Montclair Car Accident Attorney
Car accidents are sudden events that can have life-altering effects on all involved. If you’ve been involved in a car accident, you know that the aftermath can be overwhelming, from the emotional toll injuries can take on your mental health to the financial toll of medical bills, vehicle repairs, and more. On top of those struggles, dealing with insurance companies can leave you feeling defeated. You don’t have to go it alone, though.
If you are struggling with injuries from a car accident in Montclair, New Jersey, it is worthwhile to consult with an attorney. At Brady Reilly & Cardoso, LLC, we offer free consultations where you can explain your story and learn your legal rights. You may be entitled to financial compensation for your medical bills and other losses from the other driver’s insurance company. Our Montclair car accident lawyers will guide you through the legal process with care, personalized legal services and a passion for justice. Call (201) 997-0030 to learn more.
Montclair Car Accident Resources
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Why Choose Our Attorney?
When to Call a Car Accident Lawyer
What Caused Your Auto Accident?
Who Is Responsible for a Car Crash?
What to Do After a Collision
How Long Do You Have To File A Claim?
How Much is Your Case Worth?
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Why Choose Our Montclair Car Accident Attorneys?
At Brady Reilly & Cardoso, LLC we are committed to fighting for our client’s rights. Our experienced attorneys will tailor their services to your needs to give you the best chance of recovering the maximum possible compensation for the damages you suffered.
Our team has extensive experience handling personal injury claims and negotiating with insurance companies. With decades of experience on our side, we are familiar with the tactics insurance companies use and have effective tactics of our own to negotiate a fair deal on your behalf.
Why should you choose us?
- Our Montclair personal injury attorneys have almost 50 years of experience representing clients during car accident cases. We have a reputation for providing reliable services that get real results.
- You can trust that our car accident lawyers will always be available to answer your questions, work through any complications that may arise and keep you updated about your case.
- Our Montclair auto accident attorneys operate on a contingency fee basis, meaning we don’t charge anything for our legal services unless we win compensation for the case.
When to Call a Car Accident Lawyer in Montclair
It can be difficult to obtain fair financial compensation for a car accident on your own. Auto insurance companies are more likely to take advantage of unrepresented plaintiffs. Insurance companies are more interested in protecting their bottom line than doling out fair payments for damages. So, rather than giving you the financial compensation you deserve for an auto accident, an insurance company may use tactics that devalue your claim.
A Montclair car accident lawyer can use proven and aggressive legal strategies to negotiate for maximum financial compensation for your injuries. Even more important than your financial recovery, however, is the peace of mind that a lawyer can bring by taking over legal processes for you. From filling out confusing legal paperwork and meeting deadlines to gathering evidence to support your claim, your lawyer can do many things to enhance your car accident claim while you rest and recover.
What Caused Your Auto Accident?
At Brady Reilly & Cardoso, LLC, we have experience representing clients in all types of auto accident cases, including car, truck, bus, rideshare, motorcycle, bicycle, e-scooter and pedestrian accidents. We can help you obtain the results you need to move forward, starting with a thorough investigation of who or what caused the car crash.
Common causes of motor vehicle collisions in Montclair, New Jersey include:
- Driving under the influence (DUI)
- Distracted driving
- Rideshare accidents
- Speeding
- Reckless driving
- Driver fatigue
- Accidents with uninsured or underinsured motorists
- Ignoring traffic laws and signals
- Violating rights-of-way
- Making unsafe or illegal turns
- Accidents caused by reckless driving
- Vehicle defects
- Road defects
- Weather conditions
- Poor road conditions
- And more
Driver error is the main cause of car accidents in New Jersey. If another driver is to blame for your car accident, he or she may be held liable (financially responsible) for your injuries. You will only have the right to bring a lawsuit against another driver for an auto accident, however, if you can file outside of the state’s no-fault insurance system.
Who Is Responsible for an Auto Accident in New Jersey?
For the most part, you will have to seek financial recovery from your own personal injury protection (PIP) insurance, regardless of fault for your car accident, under New Jersey’s “choice” no-fault law. This is the case if you have basic “limited right to sue” car insurance. In New Jersey, this type of insurance offers first-party benefits to cover medical bills without the victim needing to prove the other driver is at fault.
If, however, your injuries meet New Jersey’s serious injury threshold, you will have the right to sue outside of the no-fault system. A serious injury is one that causes significant or permanent scarring, disability with a medical degree of probability, or death. You will also have the right to file a third-party claim if you paid extra for “unlimited right to sue” insurance. With this type of insurance, you can hold another driver accountable regardless of injury severity.
Although a third-party lawsuit can result in greater financial compensation for your losses, including compensation for pain and suffering, you or your lawyer will have to prove fault. Your lawyer must establish the fault of the defendant as more likely to be true than not true.
In order for this to be successful, you will need to prove the other driver was behaving negligently. Negligence is when a person or entity fails to take proper action to prevent harm to others. When proving that the other driver caused the accident, and subsequently, the damages you sustained, you must prove the four following elements:
- The defendant owed you a duty of care
- The defendant breached their duty of care
- The defendant’s breach of duty caused you to be injured
- Your sustained real damages as a result
Deciding on the right outlet for financial recovery for you and your injuries may require assistance from a car accident lawyer. A lawyer will have years of experience in personal injury law to help you determine the best legal route for your unique situation.
What to Do After a Car Crash in Montclair
If you get into a car incident in Montclair, do your best to stay calm and remember to take the following steps to protect yourself:
- Pull over immediately in a safe location.
- Call 911.
- Request paramedics if anyone appears to be injured.
- Do not admit fault for the accident.
- Exchange information and phone numbers with the other driver.
- Take pictures while you are still at the crash site.
- Go to a hospital in Montclair without delay.
- Call your car insurance company to make an initial report of the accident.
- Follow your insurance company’s directions for filing a claim.
- Consult with a car accident attorney before accepting a settlement.
Note that once you accept an insurance settlement, you most likely cannot reopen your case, even if you discover that your injuries are more serious than you originally thought, or that you will need additional medical care. This is why it is important to consult with an attorney about the value of your case before saying yes or signing anything given to you by an insurance company.
How Long Do You Have To File A Claim?
In New Jersey, the statute of limitations is two years from the date of the accident. This means that you have two years to file and claim, if you miss this deadline it is likely that you will be unable to recover any damages you sustained in the accident.
While two years may seem like a long time, it is best to contact an attorney as quickly as possible following your car accident. As time goes on it will become harder for to gather evidence, identify and contact witnesses to corroborate your story, and your memories of the event fade. Additionally, it takes time to build a strong case, and if you file closer to the statute of limitations deadline, your attorney may not have enough time to build as strong of a claim for you.
How Much Is Your Case Worth?
There is no average car accident settlement value that will accurately estimate what your case is worth. The only way to understand the value of your claim is by consulting with an attorney. An attorney will look at many different factors to assess your case value, including the severity of your injuries, your age and your income.
Your car accident lawyer can also help you create a comprehensive list of your economic and noneconomic damages. Economic damages are actual financial damages you suffer in the accident with an explicit monetary value. This includes things such as vehicle repairs, medical bills, rental car costs, out-of-pocket expenses, legal fees, and lost wages.
On the other hand, non-economic damages are subjective, non-monetary losses you suffer in the accident. These losses include things such as loss of consortium, emotional distress, and pain and suffering. Although a car accident insurance company will want to minimize your financial outcome, a lawyer will do everything in his or her power to obtain positive results.
Contact Brady Reilly & Cardoso, LLC for a Free Case Review in Montclair, NJ
If you were recently injured in a car accident in Montclair, New Jersey, don’t hesitate to contact an attorney. Brady Reilly & Cardoso, LLC is dedicated to holding wrongdoers accountable for the accidents that they cause, including motor vehicle collisions. Find out how our attorneys can help you during a free initial consultation. We handle personal injury claims in Jersey City, Montclair, Belleville, Bloomfield, Nutley and throughout New Jersey. Call (201) 997-0030 now to schedule a free case evaluation.